On Admission Of Civil Procedure

As an important legal system in the civil procedure, admission has the function that is a simplified to contentious procedure, the rising of litigation efficiency, the maintenance of procedural justice, and resolving civil disputes in harmony. And it also reflects the party autonomy and disposition of their civil rights. The adversary system of litigation is the background of admission. However, affected bySoviet Union model for a long time, the civil Procedure was characterized as Super-Power structure. The admission system did not exist and there is no area for its growing. Coupled with the shortcomings in legislation, lack of relevant systems and the confusion of judicial operations, the admission system is not widely applied in China. Therefore, under the civil mode transition, it is necessary to establish and improve the admission system. Based on the basic introduction of the admission, this paper analyses the problems in legislation and practice of the admission system, and gives various recommendations for its improving. This article consists four parts:The first chapter introduces the general system of admission, including the meaning of admission, the nature of admission, and the classification of admission. At last, this part displays the basic theories of admission.The second chapter analyzes the standard model-admission. Through the introduction of meaning of express admission, general elements, legal effect and withdrawal of admission, the author made a thorough study and a detail interpretation. The third part introduces several special forms, which are admission outside litigation, admission by silence, admission earlier, admission with limitation. The article introduces the meaning, the legislation in other countries, and the applications of these special forms of admission in practice.The forth chapter is about the status and improvement of admission system in our civil procedure. By summing up the legislature and self-running situations of the admission system in our country, the article analyzes various defects of the system. Then the author discusses the importance of the perfection of admission mechanism in our country, and brings forward suggestions for further improving of the admission system.